DHBVN rapped for ‘utterly casual’ conduct; HC dismisses its 16-year-old appeal

Rapping Dakshin Haryana Bijli Vitran Nigam Ltd (DHBVN) for pursuing litigation in a “casual and careless” manner, the Punjab and Haryana High Court has dismissed its regular second appeal pending for nearly 16 years. Among other things, Justice Nidhi Gupta observed that the matter had consumed precious judicial time with the appellants repeatedly failing to pursue it.

Justice Gupta made it clear that litigants could not be permitted to squander scarce court time in a system already grappling with a massive backlog. “Very valuable public time of the court has been expended in affording opportunities to the appellants in the interest of justice,” the court observed while dismissing the appeal for non-prosecution.

The ruling came in the appeal filed by DHBVN and other appellants against concurrent judgments of the trial court and the first appellate court, which had decreed a suit for declaration in favour of the respondent-stone crusher.

16 years, still at arguments stage

Justice Gupta asserted that the appeal was filed in 2010, but astonishingly remained at the stage of arguments even after more than a decade and a half. The record revealed that notice of motion was issued in January 2011, but the case was repeatedly adjourned on several dates because of “non-representation on behalf of counsel for the appellants”. On other occasions, adjournments were sought by counsel for the appellants. As the case came up for resumed hearing, the bench asserted that no one appeared for the appellants despite the matter being called twice.

Court criticises approach

Taking note of the litigation history, Justice Gupta made it clear that the appellants’ conduct reflected indifference towards the judicial process. “A bare reading of the facts shows that the appellants have exhibited an utterly casual attitude in the pursuit of the present litigation,” the court observed.

It further added that the approach adopted by the appellants showed they were not seriously interested in prosecuting the case, leaving the court with no option but to dismiss the appeal. “It is clear that neither the appellants nor their counsel are seriously interested in pursuing the present matter,” Justice Gupta said.

Larger context of pendency

The case comes against the backdrop of mammoth pendency before the Punjab and Haryana High Court, which currently has over 4.20 lakh cases pending, including as many as 46,681 second appeals awaiting adjudication.

The court’s observations are significant as the same reflect a growing judicial concern over litigants seeking repeated adjournments while the court system struggles with heavy backlog.